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…These are the three pillars on which rest the foundation of any order of injunction interlocutory or permanent.…

…, or where the detriment that the mandatory injunction would inflict is disproportionate to the benefit it would confer.…

…distinct from those laid down for ordinary interim injunctions.…

…There is real risk that those assets will be removed from the jurisdiction or otherwise dissipated if the injunction is not granted. v. The balance of convenience is in favor of granting the injunction. vi.…

…These are the three pillars on which rest the foundation of any order of injunction interlocutory or permanent.…

…Secondly, the Plaintiff has to demonstrate that irreparable injury will be occasioned to them if an order of temporary injunction is not granted.…

…These are the three pillars on which rest the foundation of any order of injunction interlocutory or permanent.…

…Convince the court that the public interests tilts in issuing the injunctive order. b.…

…Prayer 5 and 6 seek Mandatory Injunction as well as police assistance. 4. The said prayers are as follows; 5.…

…The law on interlocutory mandatory injunction was stated in the decision of Kenya Breweries Limited Vs.…

…justify a preliminary injunction.” 18.…

…The court had granted a temporary injunction pending this ruling, and I therefore find that the Applicant has established a prima facie case for the grant of a temporary injunction pending the hearing and determination of…

…Within that application the 1st respondent denied being served with the appellant’s application for injunction and stated that he only came to learn of the matter when he was served with the orders of injunction on 5 March…

…The 1st respondent had come to court and gave reasons why the orders of injunction ought to be stayed pending hearing of his application to be heard on the substantive motion for injunction.…

…court finds that the application before it is an application for an injunction pending appeal. 19.…

…Having found that the application before court is an application for injunction pending appeal, the court shall now examine whether the Applicant has the principles for grant of a temporary injunction pending appeal. 20.…

…On the prayer for inhibition and temporary injunction. An inhibition is an order prohibiting for the time being the registration of dealings on a title and therefore, it is an order in the nature of an injunction. 8.…

…There is no provision granting power to this court to grant an injunction pending hearing of an appeal to the Court of Appeal.…

…Under this sub – title, the main issue here is whether the Plaintiffs are entitled to be granted the relief of an interlocutory injunction.…

…If the applicant establishes a prima facie case that alone is not sufficient basis to grant an interlocutory injunction, the court must further be satisfied that the injury the respondent will suffer, in the event the injunction…

…Unlike a prohibitory injunction, a mandatory injunction compels the performance of a positive act before the dispute has been finally determined.…

…case for prohibitory injunctions.…

…The Applicants have not demonstrated that there are compelling reasons for a mandatory injunction to be issued against the 1st and 2nd Defendants/Respondents.…

…Determination 7 The backdrop on which a temporary injunction is to be granted is provided in Order 40 Rule 1 of the Civil Procedure Rules, 2010.…

…injunction order issued was therefore incapable of execution and therefore open to abuse.…

…This Court must therefore interfere with the order of injunction issued by the trial magistrate.…

…The power of this court to grant injunction is provided for in Order 40 Rule 1 and Order 42 Rule 6 (7) of the Civil Procedure Rules.…

…There is no provision granting power to this court to grant an injunction pending hearing of an appeal to the Court of Appeal.…

…rest the foundation of any order of injunction, interlocutory or permanent.…

…On whether the Plaintiff/Applicant has met the criteria for grant of Mandatory Injunction, the prayers sought are mandatory injunction to compel the 1st Defendant/ Respondent to allow the Plaintiff/ Applicant and/ or his…

…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury which would not adequately be compensated by damages.…

…It is my view that the Applicant having failed to prove a prima facie case she is therefore not entitled to temporary injunction orders.…

…Limited v Sheriff Molana Habib [2018] eKLR the Court explained as follows regarding permanent injunctions: “A permanent injunction which is also known as perpetual injunction is granted upon the hearing of the suit.…

…A permanent injunction is different from a temporary/interim injunction since a temporary injunction is only meant to be in force for a specified time or until the issuance of further orders from the court.…

…An order of injunction pending appeal is a discretionary matter which will be exercised against an applicant whose appeal is frivolous. b.…

…In the case of Madhupaper International Limited v Kerr [1985] KECA 116 (KLR), the court found that: “…it would be wrong to grant a temporary injunction pending appeal where the appeal is frivolous or where the injunction…

…These are the three pillars on which rest the foundation of any order of injunction interlocutory or permanent.…

…Secondly, the Plaintiff has to demonstrate that irreparable injury will be occasioned to them if an order of temporary injunction is not granted.…